regarding report of police station after court directed for registration of FIR
2 years ago
Husband filed written complaint in local police station in July 2020 regarding theft by wife & her parents from locked home of material worth 3 lac rupees including golden ornament . As police didn't take any cognizance of written complaint , husband filed written complaint to CP . Then also no cognizance was taken.
Meanwhile, husband filed RTI Application with local police station & because of that police took statement of all applicant & non applicants & concluded in their report that there is no theft occurred as it is done by wife .
Thereafter, husband filed petition in court under section 156(3). After 1 year, court directed police station to register FIR against wife & her parents under IPC 378, 379 & 34 & directed to submit final report within 1 month from date of court order.
My question is whether, non applicants will be arrested or not after court already directed for registration of FIR & whether police station will again conclude that whether theft not occurred as it is by wife ? Please explain in detail.
A.Dear Sir,
It depends upon the evidence produced by the other side. Normally, it will not be a looked into seriously and no arrest will be made and at the most charge sheet may be made if there is material evidence.
It seems unlikely that the non-applicants will be arrested, but they may be punished. As for the investigation by the police, if they are still not taking cognizance of the theft, then you may file a complaint to the nearest judicial magistrate.
Thank you.
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